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(영문) 서울행정법원 2017.08.29 2017구단62603
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On May 28, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on short-term visit on May 28, 2016, and applied for refugee status to the Defendant on June 15, 2016.

On July 4, 2016, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on August 5, 2016, but the said objection was dismissed on the same ground as February 24, 2017.

【Ground of recognition” without any dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, and the purport of the entire pleadings as to whether the disposition of this case is legitimate or not, the plaintiff's assertion as to whether it is legitimate.

The father of the plaintiff was the representative of the village master, and after the father's death, the village resident forced the plaintiff to succeed to the father's status.

The plaintiff refused this, and the village people attacked the plaintiff.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who do not want to be protected of the country of nationality, or who, owing to such fear, is unable to return to the country in which they resided before entering the Republic of Korea, or who does not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of refugee status is life, body, or

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